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1 | AN ACT concerning identification.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the REAL | ||||||||||||||||||||||||
5 | ID Compliant Identification Cards Act. | ||||||||||||||||||||||||
6 | Section 5. Issuance of REAL ID compliant identification | ||||||||||||||||||||||||
7 | cards. | ||||||||||||||||||||||||
8 | (a) As used in this Act: | ||||||||||||||||||||||||
9 | "REAL ID compliant identification card" means an | ||||||||||||||||||||||||
10 | identification card issued in compliance with the requirements | ||||||||||||||||||||||||
11 | of the REAL ID Act of 2005. | ||||||||||||||||||||||||
12 | "Secretary" means the Secretary of State of this State. | ||||||||||||||||||||||||
13 | "The REAL ID Act of 2005" means United States P.L. 109-13, | ||||||||||||||||||||||||
14 | as amended. | ||||||||||||||||||||||||
15 | (b) To comply with the requirements of the REAL ID Act of | ||||||||||||||||||||||||
16 | 2005, and rules and regulations issued thereunder, the | ||||||||||||||||||||||||
17 | Secretary shall: | ||||||||||||||||||||||||
18 | (1) require applicants for REAL ID compliant | ||||||||||||||||||||||||
19 | identification cards to provide: | ||||||||||||||||||||||||
20 | (A) proof of the applicant's full legal name, as it | ||||||||||||||||||||||||
21 | appears on the applicant's birth certificate, | ||||||||||||||||||||||||
22 | naturalization documents, U.S. passport, immigration | ||||||||||||||||||||||||
23 | documents, court order, or as adopted pursuant to |
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1 | marriage; | ||||||
2 | (B) a photo identification document, or a | ||||||
3 | non-photo identification document if that document | ||||||
4 | includes the applicant's full legal name and date of | ||||||
5 | birth; | ||||||
6 | (C) documentation showing the applicant's date of | ||||||
7 | birth; | ||||||
8 | (D) proof of the applicant's social security | ||||||
9 | account number or verification that the applicant is | ||||||
10 | not eligible for a social security account number; | ||||||
11 | (E) documentation showing the applicant's address | ||||||
12 | of principal residence and mailing address, if | ||||||
13 | different; and | ||||||
14 | (F) documentation verifying the applicant's | ||||||
15 | signature. | ||||||
16 | (2) require applicants for REAL ID compliant | ||||||
17 | identification cards to provide: | ||||||
18 | (A) proof of United States citizenship by | ||||||
19 | presenting a certified copy of the applicant's birth | ||||||
20 | certificate, consular report of birth abroad, | ||||||
21 | naturalization documents, or U.S. passport; or | ||||||
22 | (B) provide valid documentary evidence that the | ||||||
23 | applicant: | ||||||
24 | (i) is an alien lawfully admitted for | ||||||
25 | permanent or temporary residence; | ||||||
26 | (ii) has conditional permanent resident |
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1 | status; | ||||||
2 | (iii) has a valid, unexpired nonimmigrant visa | ||||||
3 | or nonimmigrant visa status for entry; | ||||||
4 | (iv) has a pending or approved application for | ||||||
5 | asylum; | ||||||
6 | (v) has refugee status; | ||||||
7 | (vi) has a pending or approved application for | ||||||
8 | temporary protected status; | ||||||
9 | (vii) has approved deferred action status; or | ||||||
10 | (viii) has a pending application for | ||||||
11 | adjustment of status to that of an alien lawfully | ||||||
12 | admitted for permanent residence or conditional | ||||||
13 | permanent resident status. | ||||||
14 | (3) include on all REAL ID compliant identification | ||||||
15 | cards issued pursuant to this Section the card holder's: | ||||||
16 | (A) full legal name; | ||||||
17 | (B) date of birth; | ||||||
18 | (C) gender; | ||||||
19 | (D) card number; | ||||||
20 | (E) digital photograph; | ||||||
21 | (F) address of principal residence, unless | ||||||
22 | permitted to be kept confidential pursuant to | ||||||
23 | administrative rule; | ||||||
24 | (G) signature; | ||||||
25 | (H) date of issuance; and | ||||||
26 | (I) date of expiration. |
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1 | (4) refuse to issue a REAL ID compliant identification | ||||||
2 | card to an applicant who holds a valid foreign state | ||||||
3 | drivers license, REAL ID card, or other identification card | ||||||
4 | or permit, unless the applicant first surrenders to the | ||||||
5 | Secretary any such valid foreign state drivers license, | ||||||
6 | identification card or permit. | ||||||
7 | (c) An individual who possesses an Illinois driver's | ||||||
8 | license or Illinois Disabled Person Identification Card may be | ||||||
9 | issued a REAL ID compliant identification card. However, no | ||||||
10 | individual may hold both a REAL ID compliant identification | ||||||
11 | card and a non-REAL ID compliant Illinois identification card. | ||||||
12 | (d) The term of REAL ID compliant identification cards | ||||||
13 | shall be as follows: | ||||||
14 | (1) REAL ID compliant identification cards issued to | ||||||
15 | applicants pursuant to subdivision (a)(2)(A) of this Act | ||||||
16 | shall be valid for 8 years from the date of issuance, or | ||||||
17 | for such shorter period as the Secretary may prescribe by | ||||||
18 | rule; | ||||||
19 | (2) REAL ID compliant identification cards issued to | ||||||
20 | applicants pursuant to subdivision (a)(2)(B) of this Act | ||||||
21 | shall be valid for the applicant's authorized period of | ||||||
22 | stay in this country, or for the period of the validity of | ||||||
23 | REAL ID compliant identification cards issued to | ||||||
24 | applicants pursuant to subdivision (a)(2)(A), whichever is | ||||||
25 | shorter. REAL ID compliant identification cards issued to | ||||||
26 | applicants pursuant to subdivision (a)(2)(B), where those |
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1 | applicants have an indefinite authorized period of stay in | ||||||
2 | this country, shall not be valid for more than one year. | ||||||
3 | (e) The Secretary may provide by rule for the staggering of | ||||||
4 | the time at which individuals are eligible to apply for a REAL | ||||||
5 | ID compliant identification card, based upon date of birth, | ||||||
6 | first letter of last name, or such other factors as the | ||||||
7 | Secretary deems appropriate. Such staggering of eligibility | ||||||
8 | shall be designed to spread out the issuance of new cards over | ||||||
9 | a period of years, thereby making the issuance and renewal | ||||||
10 | process more efficient. | ||||||
11 | (f) The Secretary may provide for the printing and | ||||||
12 | distribution of REAL ID compliant identification cards from a | ||||||
13 | centralized location subsequent to the application for the | ||||||
14 | card. | ||||||
15 | (g) The Secretary may provide for the expedited processing | ||||||
16 | of applications and issuance of REAL ID compliant | ||||||
17 | identification cards for an additional fee. | ||||||
18 | (h) The Secretary shall provide by rule for the effective | ||||||
19 | date of the implementation of the provisions set forth in this | ||||||
20 | Section, which date shall be not more than 3 months prior to | ||||||
21 | the date upon which this State is required to come into | ||||||
22 | compliance with the requirements of the REAL ID Act of 2005. | ||||||
23 | (i) The Secretary may promulgate such other rules as are | ||||||
24 | necessary to carry out the provisions of this Section. | ||||||
25 | (j) Any State official or employee who acts in good faith | ||||||
26 | in accordance with the terms of this Act is not liable for |
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1 | damages in any civil action or subject to prosecution in any | ||||||
2 | criminal proceeding for his or her act. | ||||||
3 | Section 10. Rejection of applications and revocation and | ||||||
4 | cancellation of cards. | ||||||
5 | (a) The Secretary may reject or deny any REAL ID compliant | ||||||
6 | identification card application if the Secretary: | ||||||
7 | (1) is not satisfied with the genuineness, regularity | ||||||
8 | or legality of any application; | ||||||
9 | (2) has not been supplied with the required | ||||||
10 | information; | ||||||
11 | (3) is not satisfied with the truth of any information | ||||||
12 | or documentation supplied by an applicant; | ||||||
13 | (4) determines that the applicant is not entitled to | ||||||
14 | the card as applied for; | ||||||
15 | (5) determines that any fraud was committed by the | ||||||
16 | applicant; | ||||||
17 | (6) determines that a signature is not valid or is a | ||||||
18 | forgery; | ||||||
19 | (7) determines that the applicant has not paid the | ||||||
20 | prescribed fee; or | ||||||
21 | (8) cannot verify the accuracy of any information or | ||||||
22 | documentation submitted by the applicant. | ||||||
23 | (b) The Secretary may cancel or revoke any REAL ID | ||||||
24 | compliant identification card issued by the Secretary, upon | ||||||
25 | determining that: |
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1 | (1) the holder is not legally entitled to the card; | ||||||
2 | (2) the applicant for the card made a false statement | ||||||
3 | or knowingly concealed a material fact in any application | ||||||
4 | filed by the applicant under this Act; | ||||||
5 | (3) any person has displayed or represented as his or | ||||||
6 | her own a card not issued to the person; | ||||||
7 | (4) any holder has permitted the display or use of the | ||||||
8 | holder's card by any other person; | ||||||
9 | (5) the signature of the applicant was a forgery or | ||||||
10 | that the signature on the card is a forgery; | ||||||
11 | (6) a card has been used for any unlawful or fraudulent | ||||||
12 | purpose; | ||||||
13 | (7) a card has been altered or defaced; | ||||||
14 | (8) a card has been duplicated for any purpose; | ||||||
15 | (9) a card was utilized to counterfeit such cards; | ||||||
16 | (10) the holder failed to appear at a REAL ID card | ||||||
17 | issuance facility for the re-issuance of a card; or | ||||||
18 | (11) the holder has been issued a REAL ID | ||||||
19 | identification document in another jurisdiction subsequent | ||||||
20 | the issuance of the holder's Illinois REAL ID compliant | ||||||
21 | identification card. | ||||||
22 | (c) The Secretary shall make a demand for return of any | ||||||
23 | card which has been cancelled or revoked or issued in violation | ||||||
24 | of this Act, and every person to whom such demand is addressed | ||||||
25 | shall promptly, and without delay, return the card to the | ||||||
26 | Secretary pursuant to the Secretary's instructions or |
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1 | surrender the card to the Secretary or any agent of the | ||||||
2 | Secretary upon demand. | ||||||
3 | (d) The Secretary is authorized to take possession of any | ||||||
4 | REAL ID compliant identification card which has been cancelled | ||||||
5 | or revoked, is blank, has been altered, defaced, or duplicated, | ||||||
6 | is counterfeit or contains a forgery, or has been otherwise | ||||||
7 | issued in violation of this Act. | ||||||
8 | (e) The Secretary may confiscate any suspected fraudulent, | ||||||
9 | fictitious, or altered documents submitted by an applicant in | ||||||
10 | support of an application for a REAL ID compliant | ||||||
11 | identification card. | ||||||
12 | Section 15. Fees concerning REAL ID compliant | ||||||
13 | identification cards. | ||||||
14 | (a) The fees required under this Act for a REAL ID | ||||||
15 | compliant identification card must accompany any application | ||||||
16 | as provided for in this Act, and the Secretary shall collect | ||||||
17 | such fees as follows: | ||||||
18 | (1) Original card ................................$75 | ||||||
19 | (2) Renewal card .................................$75 | ||||||
20 | (3) Corrected card ...............................$50 | ||||||
21 | (4) Duplicate card ...............................$75 | ||||||
22 | (5) Expedited card ..............................$150 | ||||||
23 | (b) All fees collected pursuant to this Section shall be | ||||||
24 | deposited in the Secretary of State Identification Security and | ||||||
25 | Theft Prevention Fund, and shall be used, subject to |
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1 | appropriation, for any costs incident to identification | ||||||
2 | security and theft prevention measures and implementing the | ||||||
3 | requirements of the REAL ID Act of 2005, the issuance of secure | ||||||
4 | identification documents, and the secure transmission and | ||||||
5 | retention of information collected by the Secretary of State. | ||||||
6 | Section 20. Violations. | ||||||
7 | (a) It is a violation of this Act for any person: | ||||||
8 | (1) to display or present any document for the purpose | ||||||
9 | of making application for a REAL ID compliant | ||||||
10 | identification card knowing that such document contains | ||||||
11 | false information concerning the identity of the | ||||||
12 | applicant; | ||||||
13 | (2) to accept or allow to be accepted any document | ||||||
14 | displayed or presented for the purpose of making | ||||||
15 | application for a REAL ID compliant identification card | ||||||
16 | knowing that such document contains false information | ||||||
17 | concerning the identity of the applicant; | ||||||
18 | (3) to knowingly make any false affidavit or swear or | ||||||
19 | affirm falsely to any matter or thing required by the terms | ||||||
20 | of this Act to be sworn to or affirmed; | ||||||
21 | (4) to possess, display, or cause to be displayed any | ||||||
22 | cancelled or revoked REAL ID compliant identification | ||||||
23 | card; | ||||||
24 | (5) to display or represent as the person's own any | ||||||
25 | REAL ID compliant identification card issued to another; |
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1 | (6) to allow any unlawful use of a REAL ID compliant | ||||||
2 | identification card issued to the person; | ||||||
3 | (7) to lend a REAL ID compliant identification card to | ||||||
4 | another or knowingly allow the use thereof by another; | ||||||
5 | (8) to fail or refuse to surrender to the Secretary, | ||||||
6 | the Secretary's agent or any peace officer upon lawful | ||||||
7 | demand, any REAL ID compliant identification card which has | ||||||
8 | been revoked or cancelled; | ||||||
9 | (9) to knowingly possess, use, or allow to be used any | ||||||
10 | materials, hardware, or software specifically designed for | ||||||
11 | or primarily used in the manufacture, assembly, issuance, | ||||||
12 | or authentication of an official Illinois REAL ID compliant | ||||||
13 | identification card; or | ||||||
14 | (10) to knowingly possess, use, or allow to be used a | ||||||
15 | stolen REAL ID compliant identification card making | ||||||
16 | implement. | ||||||
17 | (b) Sentence. | ||||||
18 | (1) Any person convicted of a violation of subdivisions | ||||||
19 | (a)(1) through (a)(8) of this Section shall
be guilty of a | ||||||
20 | Class A misdemeanor and shall be sentenced to a minimum | ||||||
21 | fine of $500. Any person convicted of a second or | ||||||
22 | subsequent violation of subdivisions (a)(1) through (a)(8) | ||||||
23 | of this Section shall be guilty of a Class 4 felony and | ||||||
24 | shall be sentenced to a minimum fine of $1,000. | ||||||
25 | (2) Any person convicted of a violation of subdivisions | ||||||
26 | (a)(10) through (a)(11) of this Section
shall be guilty of |
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1 | a Class 4 felony and shall be sentenced to a minimum fine | ||||||
2 | of $1,000. Any person convicted of a second or subsequent | ||||||
3 | violation of subdivisions (a)(10) through (a)(11) of this | ||||||
4 | Section shall be guilty of a Class 3 felony and sentenced | ||||||
5 | to a minimum term of imprisonment of 6 months. | ||||||
6 | (c) This Section does not prohibit any lawfully authorized | ||||||
7 | investigative, protective, law enforcement or other activity | ||||||
8 | of any agency of the United States or the State of Illinois or | ||||||
9 | any other state or political subdivision thereof. | ||||||
10 | (d) A conviction under this Section shall not prevent civil | ||||||
11 | actions to recover losses covered by deceptive practices with | ||||||
12 | any REAL ID compliant identification card. | ||||||
13 | Section 25. Limitations on use of identification card | ||||||
14 | information. | ||||||
15 | (a) When information is obtained from a REAL ID compliant | ||||||
16 | identification card issued by the Secretary to identify or | ||||||
17 | prove the age of the holder of the card, or in the course of a | ||||||
18 | commercial transaction, that information may be used only for | ||||||
19 | purposes of identification of the individual or for completing | ||||||
20 | the commercial transaction in which the information was | ||||||
21 | obtained, including all subsequent payment, processing, | ||||||
22 | collection, and other related actions. Information obtained | ||||||
23 | from a REAL ID compliant identification card issued by the | ||||||
24 | Secretary may not be used for purposes unrelated to the | ||||||
25 | transaction in which it was obtained, including, but not |
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1 | limited to, commercial solicitations. Information obtained | ||||||
2 | from a REAL ID compliant identification card issued by the | ||||||
3 | Secretary to identify or prove the age of the holder of the | ||||||
4 | card, or in the course of a commercial transaction, may not be | ||||||
5 | sold, leased or otherwise provided to any third party. | ||||||
6 | (b) As used in this Section, "information" on a REAL ID | ||||||
7 | compliant identification card issued by the Secretary includes | ||||||
8 | readable text on the face of the card and information encoded | ||||||
9 | or encrypted into a bar code, magnetic strip, or other | ||||||
10 | electronically readable device on or in the card. | ||||||
11 | (c) Any individual whose REAL ID compliant identification | ||||||
12 | card information has been used in violation of this Section has | ||||||
13 | a cause of action against the person who violated this Section. | ||||||
14 | Upon a finding that a negligent or knowing violation did occur, | ||||||
15 | the individual whose information was used in violation of this | ||||||
16 | Section is entitled to recover actual damages, but not less | ||||||
17 | than liquidated damages in the amount of $250 for each | ||||||
18 | violation, plus attorney's fees and the costs of bringing the | ||||||
19 | action. | ||||||
20 | (d) Use of information contained on a REAL ID compliant | ||||||
21 | identification card issued by the Secretary is not a violation | ||||||
22 | of this Section if the individual whose information has been | ||||||
23 | used gave express permission for that use, or if the | ||||||
24 | information relating to the individual was obtained from a | ||||||
25 | source other than the individual's identification card issued | ||||||
26 | by the Secretary. |
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1 | (e) This Section does not apply to any agency of the United | ||||||
2 | States or to the State of Illinois or any of its political | ||||||
3 | subdivisions. | ||||||
4 | (f) This Section does not apply to the transfer of | ||||||
5 | information to a third party if (i) a federal or State law, | ||||||
6 | rule, or regulation requires that the information be | ||||||
7 | transferred to a third party after being recorded in specified | ||||||
8 | transactions, or (ii) the information is transferred to a third | ||||||
9 | party for purposes of the detection or possible prosecution of | ||||||
10 | criminal offenses or fraud. If information is transferred to a | ||||||
11 | third party under this subsection, it may be used only for the | ||||||
12 | purposes authorized by this subsection. | ||||||
13 | (g) This Section does not apply to the use of information | ||||||
14 | obtained from a REAL ID compliant identification card which has | ||||||
15 | been provided by the holder of the card in the course of a | ||||||
16 | potential or completed employment, commercial, business, or | ||||||
17 | professional transaction for the purpose of completing written | ||||||
18 | documents including, but not limited to, contracts, | ||||||
19 | agreements, purchase orders, retail installment contracts, | ||||||
20 | buyer's orders, purchase contracts, repair orders, | ||||||
21 | applications, disclosure forms, or waiver forms. | ||||||
22 | Section 30. Injunctions. If any person operates in | ||||||
23 | violation of any provision of this Act, or any rule, | ||||||
24 | regulation, order, or decision of the Secretary, or in | ||||||
25 | violation of any term, condition or limitation of any Illinois |
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1 | REAL ID compliant identification card, the Secretary, the | ||||||
2 | Attorney General, or any person injured thereby, or any | ||||||
3 | interested person, may apply to the Circuit Court of the county | ||||||
4 | in which the violation or some part thereof occurred, or in | ||||||
5 | which that person complained of has his place of business or | ||||||
6 | resides, to prevent the violation. The Court has jurisdiction | ||||||
7 | to enforce obedience by injunction or other process restraining | ||||||
8 | such person from further violation and enjoining upon the | ||||||
9 | person obedience. | ||||||
10 | Section 905. The Secretary of State Act is amended by | ||||||
11 | changing Section 5.5 as follows:
| ||||||
12 | (15 ILCS 305/5.5)
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13 | Sec. 5.5. Secretary of State fees. | ||||||
14 | (a) There shall be paid to
the Secretary of State the | ||||||
15 | following fees:
| ||||||
16 | For certificate or apostille, with seal: $2.
| ||||||
17 | For each certificate, without seal: $1.
| ||||||
18 | For each commission to any officer or other person (except | ||||||
19 | military
commissions), with seal: $2.
| ||||||
20 | For copies of exemplifications of records, or for a | ||||||
21 | certified copy of any
document, instrument, or paper when not | ||||||
22 | otherwise provided by law, and
it does not exceed legal size: | ||||||
23 | $0.50 per page or any portion
of a page; and
$2 for the | ||||||
24 | certificate, with seal affixed.
|
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| |||||||
1 | For copies of exemplifications of records or a certified | ||||||
2 | copy of any
document, instrument, or paper, when not otherwise | ||||||
3 | provided for by law,
that exceeds legal size: $1 per page or | ||||||
4 | any portion of a
page; and $2 for
the certificate, with seal | ||||||
5 | affixed.
| ||||||
6 | For copies of bills or other papers: $0.50 per page or any
| ||||||
7 | portion
of a page; and $2 for the certificate, with seal
| ||||||
8 | affixed, except that
there shall be no charge for making or | ||||||
9 | certifying copies that are furnished
to any governmental agency | ||||||
10 | for official use.
| ||||||
11 | For recording a duplicate of an affidavit showing the | ||||||
12 | appointment of
trustees
of a religious corporation: $0.50; and | ||||||
13 | $2 for the certificate of
recording,
with seal affixed.
| ||||||
14 | For filing and recording an application under the Soil | ||||||
15 | Conservation
Districts Law and making and issuing a certificate | ||||||
16 | for the application, under seal:
$10.
| ||||||
17 | For recording any other document, instrument, or paper | ||||||
18 | required or
permitted to be recorded with the Secretary of | ||||||
19 | State, which recording shall
be done by any approved | ||||||
20 | photographic or photostatic process, if
the page
to be recorded | ||||||
21 | does not exceed legal size and the fees and charges therefor
| ||||||
22 | are not otherwise fixed by law: $0.50 per page or any portion | ||||||
23 | of
a page; and $2
for the certificate of recording, with seal | ||||||
24 | affixed.
| ||||||
25 | For recording any other document, instrument, or paper | ||||||
26 | required or
permitted to be recorded with the Secretary of |
| |||||||
| |||||||
1 | State, which recording shall
be done by any approved | ||||||
2 | photographic or photostatic process, if
the page
to be recorded | ||||||
3 | exceeds legal size and the fees and charges therefor are not
| ||||||
4 | otherwise fixed by law: $1 per page or any portion of a page; | ||||||
5 | and $2 for the
certificate of recording attached to the | ||||||
6 | original, with seal
affixed.
| ||||||
7 | For each duplicate certified copy of a school land patent: | ||||||
8 | $3.
| ||||||
9 | For each photostatic copy of a township plat: $2.
| ||||||
10 | For each page of a photostatic copy of surveyors field | ||||||
11 | notes: $2.
| ||||||
12 | For each page of a photostatic copy of a state land patent, | ||||||
13 | including
certification: $4.
| ||||||
14 | For each page of a photostatic copy of a swamp land grant: | ||||||
15 | $2.
| ||||||
16 | For each page of photostatic copies of all other | ||||||
17 | instruments or
documents relating to land records: $2.
| ||||||
18 | For each check, money order, or bank draft returned by the | ||||||
19 | Secretary of
State when it has not been honored: $25.
| ||||||
20 | For any research request received after the effective date | ||||||
21 | of the changes
made to this Section by this
amendatory Act of | ||||||
22 | the 93rd General Assembly by an out-of-State or non-Illinois
| ||||||
23 | resident: $10,
prepaid and nonrefundable, for which the | ||||||
24 | requester will receive up to 2
unofficial
noncertified copies | ||||||
25 | of the records requested. The fees under this paragraph
shall | ||||||
26 | be deposited into
the
General Revenue Fund.
|
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| |||||||
1 | The Illinois State Archives is authorized to charge | ||||||
2 | reasonable fees to
reimburse the cost of production and | ||||||
3 | distribution of copies of finding aids to
the
records that it | ||||||
4 | holds or copies of published versions or editions of those
| ||||||
5 | records
in printed, microfilm, or electronic formats. The fees | ||||||
6 | under this paragraph
shall be deposited
into
the
General | ||||||
7 | Revenue Fund.
| ||||||
8 | As used in this Section, "legal size" means a sheet of | ||||||
9 | paper that is 8.5
inches wide and 14 inches long, or written or | ||||||
10 | printed matter on a sheet of
paper that does not exceed that | ||||||
11 | width and length, or either of them.
| ||||||
12 | (b) Where federal agencies or agencies of any state | ||||||
13 | government impose a fee upon the Secretary of State for the use | ||||||
14 | of any data or communications systems maintained by those | ||||||
15 | agencies, the Secretary of State may impose a reasonable | ||||||
16 | reciprocal fee for any data or services provided to those | ||||||
17 | agencies. | ||||||
18 | (Source: P.A. 93-32, eff. 1-1-04.)
| ||||||
19 | Section 910. The Illinois Identification Card Act is | ||||||
20 | amended by changing Sections 2 and 13 as follows:
| ||||||
21 | (15 ILCS 335/2) (from Ch. 124, par. 22)
| ||||||
22 | Sec. 2. Administration and powers and duties of the | ||||||
23 | Administrator. | ||||||
24 | (a) The Secretary of State is the Administrator of this |
| |||||||
| |||||||
1 | Act, and he is
charged with the duty of observing, | ||||||
2 | administering and enforcing the
provisions of this Act.
| ||||||
3 | (b) The Secretary is vested with the powers and duties for | ||||||
4 | the
proper administration of this Act as follows:
| ||||||
5 | 1. He shall organize the administration of this Act as | ||||||
6 | he may deem
necessary and appoint such subordinate | ||||||
7 | officers, clerks and other
employees as may be necessary.
| ||||||
8 | 2. From time to time, he may make, amend or rescind | ||||||
9 | rules and
regulations as may be in the public interest to | ||||||
10 | implement the Act.
| ||||||
11 | 3. He may prescribe or provide suitable forms as | ||||||
12 | necessary, including
such forms as are necessary to | ||||||
13 | establish that an applicant for an Illinois
Disabled Person | ||||||
14 | Identification Card is a "disabled person" as defined in
| ||||||
15 | Section 4A of this Act.
| ||||||
16 | 4. He may prepare under the seal of the Secretary of | ||||||
17 | State certified
copies of any records utilized under this | ||||||
18 | Act and any such certified
copy shall be admissible in any | ||||||
19 | proceeding in any court in like manner
as the original | ||||||
20 | thereof.
| ||||||
21 | 5. Records compiled under this Act shall be maintained | ||||||
22 | for 6 years,
but the Secretary may destroy such records | ||||||
23 | with the prior approval of
the State Records Commission.
| ||||||
24 | 6. He shall examine and determine the genuineness, | ||||||
25 | regularity and
legality of every application filed with him | ||||||
26 | under this Act, and he may
in all cases investigate the |
| |||||||
| |||||||
1 | same, require additional information or
proof or | ||||||
2 | documentation from any applicant.
| ||||||
3 | 7. He shall require the payment of all fees prescribed | ||||||
4 | in this Act,
and all such fees received by him shall be | ||||||
5 | placed in the Road Fund of the
State treasury except as | ||||||
6 | otherwise provided in Section 12 of this Act.
| ||||||
7 | 8. He shall require that all non-REAL ID compliant | ||||||
8 | identification cards printed after the date upon which this | ||||||
9 | State is required to come into compliance with the | ||||||
10 | requirements of P.L. 109-13 shall have the phrase "Not for | ||||||
11 | REAL ID Purposes", or such other language as may be | ||||||
12 | required by the Department of Homeland Security, appearing | ||||||
13 | on the face of the cards and in the machine readable zone | ||||||
14 | of the cards, and the color or design of the non-REAL ID | ||||||
15 | compliant identification cards shall be of a distinct | ||||||
16 | nature from REAL ID compliant identification cards. | ||||||
17 | (Source: P.A. 93-840, eff. 7-30-04.)
| ||||||
18 | (15 ILCS 335/13) (from Ch. 124, par. 33)
| ||||||
19 | Sec. 13. Rejection, denial , cancellation, or revocations. | ||||||
20 | (a) The Secretary of
State may reject or deny any | ||||||
21 | application if he:
| ||||||
22 | 1. is not satisfied with the genuineness, regularity or | ||||||
23 | legality of
any application; or
| ||||||
24 | 2. has not been supplied with the required information; | ||||||
25 | or
|
| |||||||
| |||||||
1 | 3. is not satisfied with the truth of any information | ||||||
2 | or
documentation supplied by an applicant; or
| ||||||
3 | 4. determines that the applicant is not entitled to the | ||||||
4 | card as
applied for; or
| ||||||
5 | 5. determines that any fraud was committed by the | ||||||
6 | applicant; or
| ||||||
7 | 6. determines that a signature is not valid or is a | ||||||
8 | forgery; or
| ||||||
9 | 7. determines that the applicant has not paid the | ||||||
10 | prescribed fee; or
| ||||||
11 | 8. determines that the applicant has falsely claimed to | ||||||
12 | be a disabled
person as defined in Section 4A of this Act; | ||||||
13 | or
| ||||||
14 | 9. cannot verify the accuracy of any information or | ||||||
15 | documentation
submitted by the applicant.
| ||||||
16 | (b) The Secretary of State may cancel or revoke any | ||||||
17 | identification
card issued by him, upon determining that:
| ||||||
18 | 1. the holder is not legally entitled to the card; or
| ||||||
19 | 2. the applicant for the card made a false statement or | ||||||
20 | knowingly
concealed a material fact in any application | ||||||
21 | filed by him under this
Act; or
| ||||||
22 | 3. any person has displayed or represented as his own a | ||||||
23 | card not
issued to him; or
| ||||||
24 | 4. any holder has permitted the display or use of his | ||||||
25 | card by any
other person; or
| ||||||
26 | 5. that the signature of the applicant was forgery or |
| |||||||
| |||||||
1 | that the
signature on the card is a forgery; or
| ||||||
2 | 6. a card has been used for any unlawful or fraudulent | ||||||
3 | purpose; or
| ||||||
4 | 7. a card has been altered or defaced; or
| ||||||
5 | 8. any card has been duplicated for any purpose; or
| ||||||
6 | 9. any card was utilized to counterfeit such cards; or
| ||||||
7 | 10. the holder of an Illinois Disabled Person | ||||||
8 | Identification Card is
not a disabled person as defined in | ||||||
9 | Section 4A of this Act; or
| ||||||
10 | 11. the holder failed to appear at a Driver Services | ||||||
11 | facility for the
reissuance of a
card.
| ||||||
12 | (b-5) The Secretary of State may cancel or revoke an | ||||||
13 | Illinois Identification Card if the holder has been issued a | ||||||
14 | REAL ID compliant identification card pursuant to the Illinois | ||||||
15 | REAL ID Compliant Identification Cards Act. However, no | ||||||
16 | Illinois Disabled Person Identification Card shall be | ||||||
17 | cancelled based solely on the issuance of a REAL ID Compliant | ||||||
18 | Identification Card. | ||||||
19 | (c) The Secretary shall make a demand for return of any | ||||||
20 | card which
has been cancelled or revoked, or issued in | ||||||
21 | violation of this Act, and every
person to whom such demand is
| ||||||
22 | addressed, shall promptly and without delay, return such card | ||||||
23 | to the
Secretary pursuant to his instructions, or, he shall | ||||||
24 | surrender any such
card to the Secretary or any agent of the | ||||||
25 | Secretary upon demand.
| ||||||
26 | (d) The Secretary of State is authorized to take possession |
| |||||||
| |||||||
1 | of any
Illinois Identification Card or Illinois Disabled Person | ||||||
2 | Identification
Card which has been cancelled or revoked, or
| ||||||
3 | which is blank, or which has been altered or defaced or | ||||||
4 | duplicated or
which is counterfeit or contains a forgery; or | ||||||
5 | otherwise issued in violation
of this Act.
| ||||||
6 | (Source: P.A. 93-895, eff. 1-1-05.)
| ||||||
7 | Section 915. The State Finance Act is amended by changing | ||||||
8 | Section 6z-70 as follows: | ||||||
9 | (30 ILCS 105/6z-70) | ||||||
10 | Sec. 6z-70. The Secretary of State Identification Security | ||||||
11 | and Theft Prevention Fund. | ||||||
12 | (a) The Secretary of State Identification Security and | ||||||
13 | Theft Prevention Fund is created as a special fund in the State | ||||||
14 | treasury. The Fund shall consist of any fund transfers, grants, | ||||||
15 | fees, or moneys from other sources received for the purpose of | ||||||
16 | funding identification security and theft prevention measures | ||||||
17 | and implementing the requirements of the REAL ID Act of 2005, | ||||||
18 | the issuance of secure identification documents, and the secure | ||||||
19 | transmission and retention of information collected by the | ||||||
20 | Security of State . | ||||||
21 | (b) All moneys in the Secretary of State Identification | ||||||
22 | Security and Theft Prevention Fund shall be used, subject to | ||||||
23 | appropriation, for any costs related to implementing | ||||||
24 | identification security and theft prevention measures and |
| |||||||
| |||||||
1 | implementing the requirements of the REAL ID Act of 2005, the | ||||||
2 | issuance of secure identification documents, and the secure | ||||||
3 | transmission and retention of information collected by the | ||||||
4 | Security of State . | ||||||
5 | (c) Notwithstanding any other provision of State law to the | ||||||
6 | contrary, on or after July 1, 2007, and until June 30, 2008, in | ||||||
7 | addition to any other transfers that may be provided for by | ||||||
8 | law, at the direction of and upon notification of the Secretary | ||||||
9 | of State, the State Comptroller shall direct and the State | ||||||
10 | Treasurer shall transfer amounts into the Secretary of State | ||||||
11 | Identification Security and Theft Prevention Fund from the | ||||||
12 | designated funds not exceeding the following totals: | ||||||
13 | Lobbyist Registration Administration Fund .......$100,000 | ||||||
14 | Registered Limited Liability Partnership Fund ....$75,000 | ||||||
15 | Securities Investors Education Fund .............$500,000 | ||||||
16 | Securities Audit and Enforcement Fund .........$5,725,000 | ||||||
17 | Department of Business Services | ||||||
18 | Special Operations Fund .......................$3,000,000 | ||||||
19 | Corporate Franchise Tax Refund Fund .........$3,000,000.
| ||||||
20 | (d) Notwithstanding any other provision of State law to the | ||||||
21 | contrary, on or after July 1, 2008, and until June 30, 2009, in | ||||||
22 | addition to any other transfers that may be provided for by | ||||||
23 | law, at the direction of and upon notification of the Secretary | ||||||
24 | of State, the State Comptroller shall direct and the State | ||||||
25 | Treasurer shall transfer amounts into the Secretary of State | ||||||
26 | Identification Security and Theft Prevention Fund from the |
| |||||||
| |||||||
1 | designated funds not exceeding the following totals: | ||||||
2 | Lobbyist Registration Administration Fund ........$100,000 | ||||||
3 | Registered Limited Liability Partnership Fund .....$75,000 | ||||||
4 | Securities Investors Education Fund ..............$500,000 | ||||||
5 | Securities Audit and Enforcement Fund ..........$5,725,000 | ||||||
6 | Department of Business Services | ||||||
7 | Special Operations Fund ...................$3,000,000 | ||||||
8 | Corporate Franchise Tax Refund Fund ............$3,000,000 | ||||||
9 | State Parking Facility Maintenance Fund .........$100,000 | ||||||
10 | (e) If the balance in the State Identification Security and | ||||||
11 | Theft Prevention Fund exceeds $50,000,000 on the last day of | ||||||
12 | any fiscal year, then the amount of the fund in excess of | ||||||
13 | $50,000,000 on that day shall be transferred to the General | ||||||
14 | Revenue Fund. All other moneys remaining in the State | ||||||
15 | Identification Security and Theft Prevention Fund shall be | ||||||
16 | appropriated only for use by the Secretary pursuant to this | ||||||
17 | Act. | ||||||
18 | (Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08.)
| ||||||
19 | Section 920. The Illinois Vehicle Code is amended by | ||||||
20 | changing Sections 6-110 and 6-110.1 as follows: | ||||||
21 | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110) | ||||||
22 | Sec. 6-110. Licenses issued to drivers.
| ||||||
23 | (a) The Secretary of State shall issue to every qualifying | ||||||
24 | applicant a
driver's license as applied for, which license |
| |||||||
| |||||||
1 | shall bear a
distinguishing
number assigned to the licensee, | ||||||
2 | the legal name,
zip
code, date of birth, residence address, and | ||||||
3 | a brief description of the
licensee, and
a space where the | ||||||
4 | licensee may write his usual signature.
| ||||||
5 | Licenses issued shall also indicate the classification and
| ||||||
6 | the restrictions under Section 6-104 of this Code.
| ||||||
7 | In lieu of the social security number, the Secretary may in | ||||||
8 | his
discretion substitute a federal tax number or other | ||||||
9 | distinctive number.
| ||||||
10 | A driver's license issued may, in the discretion of the | ||||||
11 | Secretary,
include a suitable photograph of a type prescribed | ||||||
12 | by the Secretary.
| ||||||
13 | (a-1) If the licensee is less than 18 years of age, unless | ||||||
14 | one of the exceptions in subsection (a-2) apply, the license | ||||||
15 | shall, as a matter of law, be invalid for the operation of any | ||||||
16 | motor vehicle during the following times: | ||||||
17 | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | ||||||
18 | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | ||||||
19 | Sunday; and | ||||||
20 | (C) Between 10:00 p.m. on Sunday to Thursday, | ||||||
21 | inclusive, and 6:00 a.m. on the following day. | ||||||
22 | (a-2) The driver's license of a person under the age of 18 | ||||||
23 | shall not be invalid as described in subsection (a-1) of this | ||||||
24 | Section if the licensee under the age of 18 was: | ||||||
25 | (1) accompanied by the licensee's parent or guardian or | ||||||
26 | other person in custody or control of the minor; |
| |||||||
| |||||||
1 | (2) on an errand at the direction of the minor's parent | ||||||
2 | or guardian, without any detour or stop; | ||||||
3 | (3) in a motor vehicle involved in interstate travel; | ||||||
4 | (4) going to or returning home from an employment | ||||||
5 | activity, without any detour or stop; | ||||||
6 | (5) involved in an emergency; | ||||||
7 | (6) going to or returning home from, without any detour | ||||||
8 | or stop, an official school, religious, or other | ||||||
9 | recreational activity supervised by adults and sponsored | ||||||
10 | by a government or governmental agency, a civic | ||||||
11 | organization, or another similar entity that takes | ||||||
12 | responsibility for the licensee, without any detour or | ||||||
13 | stop; | ||||||
14 | (7) exercising First Amendment rights protected by the | ||||||
15 | United States Constitution, such as the free exercise of | ||||||
16 | religion, freedom of speech, and the right of assembly; or | ||||||
17 | (8) married or had been married or is an emancipated | ||||||
18 | minor under the Emancipation of Minors Act. | ||||||
19 | (a-2.5) The driver's license of a person who is 17 years of | ||||||
20 | age and has been licensed for at least 12 months is not invalid | ||||||
21 | as described in subsection (a-1) of this Section while the | ||||||
22 | licensee is participating as an assigned driver in a Safe Rides | ||||||
23 | program that meets the following criteria: | ||||||
24 | (1) the program is sponsored by the Boy Scouts of | ||||||
25 | America or another national public service organization; | ||||||
26 | and |
| |||||||
| |||||||
1 | (2) the sponsoring organization carries liability | ||||||
2 | insurance covering the program. | ||||||
3 | (a-3) If a graduated driver's license holder over the age | ||||||
4 | of 18 committed an offense against traffic regulations | ||||||
5 | governing the movement of vehicles or any violation of Section | ||||||
6 | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | ||||||
7 | the graduated driver's license holder's 18th birthday, and was | ||||||
8 | subsequently convicted of the offense, the provisions of | ||||||
9 | subsection (a-1) shall continue to apply until such time as a | ||||||
10 | period of 6 consecutive months has elapsed without an | ||||||
11 | additional violation and subsequent conviction of an offense | ||||||
12 | against traffic regulations governing the movement of vehicles | ||||||
13 | or Section 6-107 or Section 12-603.1 of this Code.
| ||||||
14 | (b) Until the Secretary of State establishes a First Person | ||||||
15 | Consent organ and tissue donor registry under Section 6-117 of | ||||||
16 | this Code, the Secretary of State shall provide a format on the | ||||||
17 | reverse of
each driver's license issued which the licensee may | ||||||
18 | use to execute a document
of gift conforming to the provisions | ||||||
19 | of the Illinois Anatomical Gift Act.
The format shall allow the | ||||||
20 | licensee to indicate the gift intended, whether
specific | ||||||
21 | organs, any organ, or the entire body, and shall accommodate | ||||||
22 | the
signatures of the donor and 2 witnesses. The Secretary | ||||||
23 | shall also inform
each applicant or licensee of this format, | ||||||
24 | describe the procedure for its
execution, and may offer the | ||||||
25 | necessary witnesses; provided that in so doing,
the Secretary | ||||||
26 | shall advise the applicant or licensee that he or she is
under |
| |||||||
| |||||||
1 | no compulsion to execute a document of gift. A brochure
| ||||||
2 | explaining this method of executing an anatomical gift document | ||||||
3 | shall be given
to each applicant or licensee. The brochure | ||||||
4 | shall advise the applicant or
licensee that he or she is under | ||||||
5 | no compulsion to execute a document of
gift, and that he or she | ||||||
6 | may wish to consult with family, friends or clergy
before doing | ||||||
7 | so. The Secretary of State may undertake additional efforts,
| ||||||
8 | including education and awareness activities, to promote organ | ||||||
9 | and tissue
donation.
| ||||||
10 | (c) The Secretary of State shall designate on each driver's | ||||||
11 | license issued
a space where the licensee may place a sticker | ||||||
12 | or decal of the uniform
size as the Secretary may specify, | ||||||
13 | which sticker or decal may indicate in
appropriate language | ||||||
14 | that the owner of the license carries an Emergency
Medical | ||||||
15 | Information Card.
| ||||||
16 | The sticker may be provided by any person, hospital, | ||||||
17 | school,
medical group, or association interested in assisting | ||||||
18 | in implementing
the Emergency Medical Information Card, but | ||||||
19 | shall meet the specifications
as the Secretary may by rule or | ||||||
20 | regulation require.
| ||||||
21 | (d) The Secretary of State shall designate on each driver's | ||||||
22 | license issued
a space where the licensee may indicate his | ||||||
23 | blood type and RH factor.
| ||||||
24 | (e) The Secretary of State shall provide
that each original | ||||||
25 | or renewal driver's license issued to a licensee under
21 years | ||||||
26 | of age shall be of a distinct nature from those driver's |
| |||||||
| |||||||
1 | licenses
issued to individuals 21 years of age and older. The | ||||||
2 | color designated for
driver's licenses for licensees under 21 | ||||||
3 | years of age shall be at the
discretion of the Secretary of | ||||||
4 | State.
| ||||||
5 | (e-1) The Secretary shall provide that each driver's | ||||||
6 | license issued to a
person under the age of 21 displays the | ||||||
7 | date upon which the person becomes 18
years of age and the date | ||||||
8 | upon which the person becomes 21 years of age.
| ||||||
9 | (f) The Secretary of State shall inform all Illinois | ||||||
10 | licensed
commercial motor vehicle operators of the | ||||||
11 | requirements of the Uniform
Commercial Driver License Act, | ||||||
12 | Article V of this Chapter, and shall make
provisions to insure | ||||||
13 | that all drivers, seeking to obtain a commercial
driver's | ||||||
14 | license, be afforded an opportunity prior to April 1, 1992, to
| ||||||
15 | obtain the license. The Secretary is authorized to extend
| ||||||
16 | driver's license expiration dates, and assign specific times, | ||||||
17 | dates and
locations where these commercial driver's tests shall | ||||||
18 | be conducted. Any
applicant, regardless of the current | ||||||
19 | expiration date of the applicant's
driver's license, may be | ||||||
20 | subject to any assignment by the Secretary.
Failure to comply | ||||||
21 | with the Secretary's assignment may result in the
applicant's | ||||||
22 | forfeiture of an opportunity to receive a commercial driver's
| ||||||
23 | license prior to April 1, 1992.
| ||||||
24 | (g) The Secretary of State shall designate on a
driver's | ||||||
25 | license issued, a space where the licensee may indicate that he | ||||||
26 | or
she has drafted a living will in accordance with the |
| |||||||
| |||||||
1 | Illinois Living Will
Act or a durable power of attorney for | ||||||
2 | health care in accordance with the
Illinois Power of Attorney | ||||||
3 | Act.
| ||||||
4 | (g-1) The Secretary of State, in his or her discretion, may | ||||||
5 | designate on
each driver's license issued a space where the | ||||||
6 | licensee may place a sticker or
decal, issued by the Secretary | ||||||
7 | of State, of uniform size as the Secretary may
specify, that | ||||||
8 | shall indicate in appropriate language that the owner of the
| ||||||
9 | license has renewed his or her driver's license.
| ||||||
10 | (g-2) The Secretary of State shall require that all | ||||||
11 | driver's licenses printed after the implementation of the REAL | ||||||
12 | ID Compliant Identification Cards Act shall have the phrase | ||||||
13 | "Not for REAL ID Purposes", or such other language as may be | ||||||
14 | required by the Department of Homeland Security, appearing on | ||||||
15 | the face of and in the machine readable zone of the driver's | ||||||
16 | licenses, and the color or design of the driver's licenses | ||||||
17 | shall be of a distinct nature from REAL ID compliant | ||||||
18 | identification cards. | ||||||
19 | (h) A person who acts in good faith in accordance with the | ||||||
20 | terms of
this Section is not liable for damages in any civil | ||||||
21 | action or subject to
prosecution in any criminal proceeding for | ||||||
22 | his or her act.
| ||||||
23 | (Source: P.A. 94-75, eff. 1-1-06; 94-930, eff. 6-26-06; 95-310, | ||||||
24 | eff. 1-1-08; 95-747, eff. 7-22-08.)
| ||||||
25 | (625 ILCS 5/6-110.1)
|
| |||||||
| |||||||
1 | Sec. 6-110.1. Confidentiality of captured photographs or | ||||||
2 | images. The
Secretary of State shall maintain a file on or | ||||||
3 | contract to file all photographs
and signatures obtained in the | ||||||
4 | process of applying for or issuing a driver's license, permit, | ||||||
5 | REAL ID compliant identification card,
or identification card. | ||||||
6 | The photographs and signatures shall be confidential
and shall | ||||||
7 | not be disclosed except to the following persons:
| ||||||
8 | (1) the individual upon written request;
| ||||||
9 | (2) officers and employees of the Secretary of State | ||||||
10 | who have a need
to have access to the stored images for | ||||||
11 | purposes of applying for, issuing and controlling
driver's | ||||||
12 | licenses, permits, REAL ID compliant identification cards, | ||||||
13 | or identification cards;
| ||||||
14 | (3) law enforcement officials of this State, another | ||||||
15 | state or the federal government, for a lawful civil or | ||||||
16 | criminal
law enforcement investigation; or
| ||||||
17 | (4) other entities that the Secretary may exempt by | ||||||
18 | rule ; or .
| ||||||
19 | (5) other states as necessary to comply with United | ||||||
20 | States P.L. 109-13. | ||||||
21 | (Source: P.A. 92-16, eff. 6-28-01.)
| ||||||
22 | Section 925. The Code of Civil Procedure is amended by | ||||||
23 | adding Section 21-105 as follows: | ||||||
24 | (735 ILCS 5/21-105 new)
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Sec. 21-105. Invalidity of common law name changes. Common | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | law name changes adopted in this State on or after July 1, 2009 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | are invalid. All changes of name shall be pursuant to marriage | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | or other legal proceedings.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||